Maison Law represents injured truck accident victims in Manteca. If you or a loved one has been injured due to a careless truck driver anywhere in the city of Manteca, you have the right to pursue compensation for your injuries.
Truck drivers must exercise a “duty of care” toward all drivers on the road, especially due to the substantial damage their vehicles can cause when in an accident with a standard motor vehicle. Don’t wait until it’s too late to take legal action.
Recover the compensation you need to get your life back on track and contact Maison Law today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Produce Truck Accident in Manteca?
Truck accidents are far more devastating than your typical car accident. Victims injured in trucking accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills.
The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to one of the Truck Accident Attorneys at Maison Law. Our comprehensive trucking accident experience has helped numerous truck drivers recover maximum compensation for their medical bills, lost wages, and future financial losses.
Our firm helps truck accident victims by:
- Investigating and determining wrongdoing or recklessness: Trucking accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collecting and preserving key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
- Communicating with insurance companies and other attorneys: With trucking companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
Who is Liable for Truck Accidents?
With the amount of trucks on the highways in Manteca, it should come as no surprise that truck accidents occur frequently. Common parties responsible for trucking accidents include:
- The truck driver: Truck drivers will most likely not be held liable because companies are responsible for the actions of their drivers. However, if the driver is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
- The truck company: A truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, as stated in the Respondeat Superior.
- A third party: Another driver, a government body, a road construction crew, or a truck maintenance company could also be liable if their actions resulted in an accident.
Proving Liability in a Manteca Truck Accident
When dealing with truck accidents, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
Regardless of how many parties are involved, if you can prove that someone else’s negligence caused your injuries, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a truck accident, the duty of care would have been ignored if a truck driver broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.
Common Causes of Truck Accidents
Knowing what caused your accident is detrimental to your case. It tells a story of what happened and who was at fault for the incident. The most common causes of truck accidents include:
- Driver fatigue: demanding schedules and long drives often cause truck drivers to become fatigued if they don’t take the time to rest. Fatigue results in slower reaction times and a lack of attentiveness, resulting in a higher risk of an accident.
- Distracted driving: calling or texting, interacting with dispatchers, taking your eyes off the road, using the GPS, and eating or drinking while driving.
- Speeding: truck drivers work under strict deadlines, which often causes them to drive recklessly.
- Improper loading or unsecured cargo: improperly stored cargo can make the truck unbalanced, causing the driver to lose control and even flip the truck while driving.
- Poor vehicle maintenance: trucks must adhere to high maintenance standards. If any maintenance is missed it can build into a much bigger problem.
- Lack of training: truck driving is a difficult job. They must know how to safely maneuver their vehicles through all sorts of scenarios and drive through a number of weather conditions. If they are not properly trained, then their risk of causing an accident increases.
Types of Manteca Truck Accidents
With thousands of trucks driving around the country every day, truck accidents are unfortunately a common occurrence. In 2020, truck accidents made up 11% of all deadly accidents in the United States. The most common truck accidents are:
- Jackknife accidents: occurs when the trailer swings out at a 90-degree angle. This usually happens when the brakes are applied suddenly or the driver loses control
- Rear-end collision: occurs when the truck crashes into the vehicle in front of it
- Underride accident: these accidents are the most deadly because they occur when a smaller vehicle slides underneath the trailer of a truck
- T-bone collisions: side-impact crashes happen when the truck hits the side of another vehicle
- Rollover accidents: occurs when a truck flips over on its roof due to taking a sharp turn, speeding, or improper loading.
Compensation for a Manteca Truck Accident
Compensatory damages are awarded to accident victims in the form of economic, non-economic, and punitive damages. While punitive damages are rare, they can be claimed if the accident was done with extreme recklessness or malice toward the victim. Economic damages are actual financial losses that can be assigned value, such as:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Vehicle repair
Non-economic damages include:
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
While there is no average amount of compensation, these factors can ultimately decide the compensation you may receive. It is important to note, however, that the more severe your injuries and damages are, the more compensation you will most likely be awarded. To better understand the value of your case, it is recommended to consult with a Reputable Attorney about the details of your incident.
FAQs
Q: What is the statute of limitations for a truck accident in California?
A: Two years. In California, an accident victim has two years from the date of the accident to file a claim.
Q: When is it recommended to contact a truck accident attorney?
A: If you’ve sustained major, verifiable injuries from a truck accident and you’re unsure who is at fault, you should contact an accident attorney at Maison Law today.
Q: What if I can’t afford a truck accident attorney?
A: At Maison Law, there is no upfront charge for putting our accident attorneys on your case. We don’t charge you a cent until we win your case for you.
Contact a Manteca Truck Accident Lawyer
If you or a loved one have suffered injuries due to the carelessness of a truck driver in Manteca, the Maison Law can help you manage your claim and reach a successful settlement. For a trusted trucking accident firm, contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and you don’t pay a dime until we’ve won your case.